S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1931

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. BENJAMIN, WALKER -- read once and referred to the
  Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  drivers to come to a full stop prior to passing a sanitation vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1177 to read as follows:
  S 1177. OVERTAKING AND PASSING A SANITATION VEHICLE. (A) THE DRIVER OF
A VEHICLE UPON A PUBLIC HIGHWAY, STREET OR PRIVATE ROAD UPON MEETING  OR
OVERTAKING  FROM EITHER DIRECTION A SANITATION VEHICLE WHICH HAS STOPPED
ON THE PUBLIC HIGHWAY, STREET OR PRIVATE ROAD FOR THE PURPOSE OF PICKING
UP SOLID WASTE OR RECYCLABLE MATERIALS SHALL STOP  HIS  OR  HER  VEHICLE
BEFORE  REACHING SUCH SANITATION VEHICLE AND PRIOR TO PASSING SUCH SANI-
TATION VEHICLE AND SAID DRIVER SHALL NOT PROCEED UNTIL  SUCH  SANITATION
VEHICLE  RESUMES  MOTION,  OR  UNTIL  SIGNALED BY THE DRIVER OR A POLICE
OFFICER TO PROCEED.
  (B) EVERY PERSON CONVICTED OF A VIOLATION OF SUBDIVISION (A)  OF  THIS
SECTION SHALL:  FOR A FIRST CONVICTION THEREOF, BE PUNISHED BY A FINE OF
NOT  LESS  THAN  TWO  HUNDRED  FIFTY  DOLLARS NOR MORE THAN FOUR HUNDRED
DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS OR BY BOTH SUCH
FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND VIOLATION,  BOTH  OF
WHICH  WERE  COMMITTED WITHIN A PERIOD OF THREE YEARS, SUCH PERSON SHALL
BE PUNISHED BY A FINE OF NOT LESS THAN SIX HUNDRED DOLLARS NOR MORE THAN
SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR  NOT  MORE  THAN  ONE
HUNDRED  EIGHTY  DAYS  OR  BY  BOTH  SUCH  FINE AND IMPRISONMENT; UPON A
CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMIT-
TED WITHIN A PERIOD OF THREE YEARS, SUCH PERSON SHALL BE PUNISHED  BY  A
FINE  OF  NOT  LESS  THAN  SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN ONE
THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE HUNDRED EIGHTY
DAYS OR BOTH SUCH FINE AND IMPRISONMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05369-01-9
              

A. 1931                             2

  (C) FOR PURPOSES OF THIS SECTION "SANITATION VEHICLE" MEANS A  VEHICLE
USED FOR THE COLLECTION OF SOLID WASTE OR RECYCLABLE MATERIALS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the  imple-
mentation  of this act on its effective date are authorized and directed
to be made and completed on or before such effective date.